States

Tag: Rhode Island

A hearing was held earlier this week on a series of bills filed to address diversity in the Rhode Island judiciary. Video of the hearing before the House Judiciary Committee is here, starts at around 56:30 and ends at around 85:00. During testimony the author of the bills asserted that of Rhode Island’s 85 judges, few are “of color” and that the Judicial Nominating Commission had demonstrated bias in the past against persons of color. Moreover, the lead sponsor accuses some judges in Rhode Island of using their robes “as a lynching opportunity for people of color and poor people.”

The bills were (in order)

HB 7532 Requires that the judicial selection commission be composed of at least three members of color.

HB 7648 Provides any trial court seat currently filled by a “person of color” can only be filled in the future by another “person of color.”

HB 7649 Requires the judicial selection commission actively and aggressively solicit members of color to apply for judicial appointments, including practicing members of the Rhode Island Bar residing in border states.

HB 7908 Requires the judicial nominating commission to consider a nominee’s unique background and field of practice rather than emphasizing trial and courtroom experience in selecting new members of the judiciary.

The House Judiciary committee recommended the measures be held for further study.

The commission shall consider each nominee’s perspicacity based on their unique background and experience in order to diversify the perspective of the judiciary of this state. When considering the qualifications of a nominee, courtroom and/or trial experience shall not be emphasized, but rather the commission shall consider the competence of the nominee in their chosen field of practice.

This is the latest in a series of bills related to judicial diversity introduced in the last threeweeks.

HB 7532 would require the 9-member Judicial Nominating Commission have at least 3 persons of color.

HB 7648 provides that when a person of color leaves a trial court bench (Superior, Family, District, Traffic Tribunal, Workers’ Compensation, or Municipal) “their replacement must be a person of color, so as not to diminish the number of judges of color in that court.”

HB 7649 requires the judicial selection commission actively and aggressively solicit members of color to apply for judicial appointments, including practicing members of the Rhode Island Bar residing in border states.

Over the last several years bills have been introduced in the Rhode Island House to mandate more diversity in the state’s courts (see here for the 2017 efforts and here and here for the 2016.)

Efforts to guarantee certain trial court judgeships in Rhode Island to “persons of color” have been re-introduced.

HB 7648 provides that when a person of color leaves a trial court bench (Superior, Family, District, Traffic Tribunal, Workers’ Compensation, or Municipal) “their replacement must be a person of color, so as not to diminish the number of judges of color in that court.”

HB 7649 requires the judicial selection commission actively and aggressively solicit members of color to apply for judicial appointments, including practicing members of the Rhode Island Bar residing in border states.

These bills are in addition to HB 7532 as filed last week that requires the 9-member Judicial Nominating Commission must have at least 3 persons of color. That bill was discussed here.

Over the last several years bills have been introduced in the Rhode Island House to mandate more diversity in the state’s courts (see here for the 2017 efforts and here and here for the 2016.) Prior proposals included guaranteeing certain trial court judgeships to “persons of color”. This year’s plan includes a return of a prior proposal: guaranteeing certain Judicial Nominating Commission seats to “persons of color.”

Under HB 7532 as filed the 9-member commission would, starting in 2019, must have at least 3 persons of color.

A hearing was held earlier this week on a series of bills filed to address diversity in the Rhode Island judiciary. Video of the hearing before the House Judiciary Committee is here, starts at around 38:15 and ends at around 44:00. During testimony the author of the bills asserted that of Rhode Island’s 85 judges, only 4 were “of color” and that the Judicial Nominating Commission had demonstrated bias in the past against persons of color.

The bills were

HB 5301 requires the judicial selection commission actively and aggressively solicit members of color to apply for judicial appointments, including practicing members of the Rhode Island Bar residing in border states.

HB 5302 provides any trial court seat currently filled by a “person of color” can only be filled in the future by another “person of color.”

HB 5303 would guarantee at least one-third of the seats on the 9-member Judicial Nominating Commission go to “persons of color” and require the governor to make the corresponding appointments.

The House Judiciary committee recommended the measures be held for further study.

A series of bills filed late last session in the Rhode Island House to address diversity in that state’s judiciary have been refiled in 2017.

HB 5301 requires the judicial selection commission actively and aggressively solicit members of color to apply for judicial appointments, including practicing members of the Rhode Island Bar residing in border states.

HB 5302 provides any trial court seat currently filled by a “person of color” can only be filled in the future by another “person of color.”

HB 5303 would guarantee at least one-third of the seats on the 9-member Judicial Nominating Commission go to “persons of color” and require the governor to make the corresponding appointments.

I mentioned last month a plan in the Rhode Island House that would require the state’s Judicial Nominating Commission (JNC) name at least one person of color for every judicial vacancy. While that bill stalled out in committee it appears a new set of bills have now been filed.

HB 8018 provides any judicial seat currently filled by a “person of color” can only be filled in the future by another “person of color.”

Notwithstanding any provisions of this chapter to the contrary, whenever a judge from the superior court, family court, district court, or workers’ compensation court who is a person of color leaves the bench, for whatever reason, their replacement must be a person of color, so as not to diminish the number of judges of color in that court.

In addition HB 8019 would guarantee at least one-third of the seats on the 9 member Judicial Nominating Commission go to persons of color. Moreover, the JNC would be required to “aggressively” seek out persons of color for judicial vacancies.

Effective January 1, 2017, the commission shall be composed of at least three (3) members who are persons of color . When the governor is making an appointment to the commission, that appointment shall adhere to the legislative mandate that the commission be composed of at least three (3) members who are persons of color…

The commission shall actively and aggressively solicit persons of color to apply for all judicial appointments. It shall keep records of all persons of color who apply for a judicial appointment, its success rate of having those names submitted to the governor for judicial appointment, and its recruiting methods.